• Father file case on sons self acquired property

Hi,
My father 77 years old, has put a case on me (son) in court claiming 1/3 portion of property between me , my younger brother and my father, he claims it has joint family house.
It is my self acquired property, I have the sales deed, EC, kath etc only in my name. 
I had opened loan account and savings account to raise the funds and given GPA for my father to operate my account for the home construction.
I had let my father live in 3 bed house of my self acquired property for 17 years and not taken any money, he was collecting rentals on my behalf through GPA.
My brother was also living in the house for couple of years and I have not taken any money.
The only evidence he has is, I had asked him to make an agreement with seller for 25k while I was abroad to purchase plot which was in his name, but I have returned that money when I was back, I paid the seller the rest of the money for the plot through my bank cheque which also reflects in my sales deed with cheque no as proof.
His claim on the property in court case is based on 25k agreement, he claims he put all the money for construction which is false and my brother is taking care of him while living in the house. He wants the portion of house for his maintenance.
My brother has not put single Paisa for construction for the home construction.
I had asked my father to pay around 20% of my mortgage from rentals of my house, which he claims his money.
Also he has misused all the rental money from 17 years 
to buy plots for my brother and in his name,
I recently cancelled the GPA and demanded rental money, for which he has put court case.
Currently 3 hearings have finished and my brother is not appearing or submitting any documents, so the case is postponed as summons.
I have given all evidence and certified copy of sale deed, proof of funds, bank statement, EC which is all in my name to Lawyer.
Now after 3 hearings my lawyer is asking to discuss with my father for settlement through mediation, which I am not interested,
Also my father and brother are not letting me in my house and letting me to take rentals from tenants after cancellation of GPA, I have been given harrasment when I try to go to my house
My question is, will court force me to go through mediation or is it my wish to reject, can I tell my lawyer I am not interested with the mediation, can my father and brother have chances to claim portion of property on my self acquired.
I have invested most of my hard earned money to property and do not want my father and brother to stay in my house after their harassment and cheating me 
Also my father has his own self acquired property and ancestral property which is still in his name getting rent from them, he also has some pension, he has his own retirement money which he has not given to anyone.
Currently my lawyer is not willing to send notice to tenants to vacate, he saying we will close the current case first.
Any suggestions much appreciated.

Regards,
Yogesh
Asked 11 months ago in Property Law
Religion: Hindu

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16 Answers

First of all do not make any settlement and let the case run in the court.

Let you father and brother bring evidence in the court as the burden of proof lays on their shoulders.

 

By chance due to old-age your father may ask to live in the property, but you can deny as he has self owned and ancestral properties where he and your brother can live there.

 

Ask you lawyer to sent a notice to tenants either vacant the property else transfer rent from current month in your account.

 

You lawyer is not ready to fit the case and acting a middleman or agent of property deals.

 

Ganesh Kadam
Advocate, Pune
12926 Answers
255 Consultations

4.9 on 5.0

Firstly cancell your GPA and give public notice also in order to avoid further loss. You can refuse for mediation. Without your consent and permission, the court can not refer the matter for mediation. You can file your counter claim and application serking direction to father and brother not to create hurdle if you move in the house. The reasoning as given by you is to be seen in the light of suit filed by father and pleadings and documents filed by him. Further, your points are to be incorporated in your reply properly. Rest are the matter of trial and evidence. You seem to have good winning case. 

Siddharth Srivastava
Advocate, Delhi
1240 Answers

5.0 on 5.0

He can’t file any case for your self acquired property unless he has paid for the same form his known sources of funds

Prashant Nayak
Advocate, Mumbai
31930 Answers
179 Consultations

4.1 on 5.0

You can inform court that you are not interested in mediation and would challenge the same in trial proceedings.

If your lawyer is insisting on compromise settlement, you can change the lawyer.

You can change the lawyer and issue an eviction notice to the tenants.

 

 

T Kalaiselvan
Advocate, Vellore
84890 Answers
2190 Consultations

5.0 on 5.0

You can inform your lawyer you do not want any settlement

 

2) seek appointment of court receiver fir property and deposit of rentals in court 

 

3) legal notice can be issued to tenants to vacate the property as you are absolute owner of property 

Ajay Sethi
Advocate, Mumbai
94689 Answers
7526 Consultations

5.0 on 5.0

1.  It's upto you to go for mediation or not. Court will not force you to go for mediation.

2.  You can intimate your decision of not going for mediation to your Lawyer.

3.   Your father and/or brother can't claim portion of your self acquired property, if there's no document to show that it was funded by them.

 

 

Shashidhar S. Sastry
Advocate, Bangalore
5108 Answers
314 Consultations

5.0 on 5.0

- Since, the said property is registered in your name , then none having right to claim , enjoyment or interest in the said property without taking your consent. 

- Further, as you have payment proof , then it cannot considered as the property from the family fund 

- If they are residing in the property , then their possession into the said property is like a licensee and nothing more. 

- Hence, you can terminate the licence given to them for temporarily living in your property , after sending a legal notice 

- Further, if not vacated , then file a suit for Mandatory & Permanent Injunction before the court for evicting them and to restrain from creating third party interest in the property.

- Since, this is your self acquired property , then you can refuse for the mediation on this ground , and it is not mandatory to appear before the mediator for counselling. 

- Further, you can also file a case against your father for the partition of the ancestral property . 

Mohammed Shahzad
Advocate, Delhi
13211 Answers
198 Consultations

5.0 on 5.0

He cannot claim any share in the property on the basis of  the rental income paid for repayment of mortgage loan.

There is no special privilege or channel for NRIs to get the cases an expeditious disposal, you may have to follow it up regularly through your advocate and get updated about the business transacted in the said hearings. You do not have to stop attending the court hearing when it is possible for you appear in person even though you had given a power of attorney deed to your lawyer to take care of the case as your power agent. 

Your lawyer is not advising your properly.

Since it is your property, you can always issue a legal notice to the tenants provided the current rental agreement has expired and the tenancy is going on the basis of oral rental agreement.

Eviction suit is totally different subject to the case what you are facing trial now.

You can change the lawyer if the lawyer is not cooperating properly or appears to be misguiding. 

 

T Kalaiselvan
Advocate, Vellore
84890 Answers
2190 Consultations

5.0 on 5.0

Your lawyer can send you email as to what transpired in court on each date 

 

2) in alternative he can send you what’s app message 

 

3) you should never give POA to lawyer 

 

4) advisable to give it in favour of family member 

 

5) deposit of your house rentals in father account does not prove he has contributed funds for purchase of property 

Ajay Sethi
Advocate, Mumbai
94689 Answers
7526 Consultations

5.0 on 5.0

You points and reasoning are matter of trail. Issues and points be duly incorporated in your reply. Now adays courts can be attended virtually also through video conferencing with the permission of court. Why your lawyer has restricted you? you have every right to attend the case. From your lawyer you can inquire the proceeding taken place on each date, you can also check orders on internet on court website. If tenant is your then you can file eviction case against tenant where you can take directive order of court directing the tenant to deposit the rent in court. Rest on examination in detail.   

Siddharth Srivastava
Advocate, Delhi
1240 Answers

5.0 on 5.0

- Legally , you have your right over the rent , and if it is credited in the loan account via your fathers account, then the said fund will also consider as your fund , and he will not get any benefit after submitting the same before the court. 

- Further,  you have your legal right to appear before the court even against the consent of your lawyer 

- You can send a legal notice to the tenant to attorn you landlord and to pay the rent in your account directly , and if refused then file an eviction suit against him . 

Mohammed Shahzad
Advocate, Delhi
13211 Answers
198 Consultations

5.0 on 5.0

Ask all of them to come on one table or video call conference and try to solve the issue. You will come to know what exactly is cooking between all of them.

 

Either you can ask to tenant vacate the premises. 

 

 

 

Ganesh Kadam
Advocate, Pune
12926 Answers
255 Consultations

4.9 on 5.0

1. You can not be forced to come to any compromise with the other parties.

 

2. Your father acted based on the GPA executed by you is the evidence that you are the legal owner of the said property.

 

3. You can ask the tenants to pay you the rent directly since you are the owner of the property and have cancelled the POA executed in favour of your father for collecting the rent.

Krishna Kishore Ganguly
Advocate, Kolkata
27219 Answers
726 Consultations

5.0 on 5.0

1. There will be records that your father has collected the rents from the tenants and deposited in his accounts.

 

2. It is obvious that he will pay the loan amount from his account as per the POA.

 

3. So, it will not be difficult for you to prove from his Bank Statement that he has paid the loan amount from the rents he had collected for and on your behalf based on the POA executed in his favour by yourself as the owner of the property.

Krishna Kishore Ganguly
Advocate, Kolkata
27219 Answers
726 Consultations

5.0 on 5.0

You can contest the same in court with evidence 

Prashant Nayak
Advocate, Mumbai
31930 Answers
179 Consultations

4.1 on 5.0

I understand your concerns regarding the property dispute with your father and brother. Here are some points to consider:

 

Mediation: Mediation is an alternative dispute resolution process where a neutral third party helps facilitate negotiations between the parties involved in a dispute. While your lawyer may suggest mediation as a way to potentially resolve the dispute amicably, participation in mediation is voluntary. You have the right to decline mediation if you believe it will not lead to a satisfactory resolution or if you prefer to pursue the matter through the court.

 

Court proceedings: If you choose not to pursue mediation or if mediation does not result in a settlement, the court proceedings will continue. It is within your rights to proceed with the legal process and seek a resolution through the court. Your lawyer should represent your interests and present the evidence and arguments on your behalf.

 

Property ownership: Based on the information you provided, the property appears to be self-acquired by you. You have the necessary documents, such as the sales deed, EC, and bank statements, to prove your ownership. If you can establish that the property was purchased with your own funds and that your father and brother did not contribute financially, it strengthens your case for exclusive ownership.

 

Tenants eviction: If you have valid grounds for eviction, such as non-payment of rent or breach of tenancy agreement, you can consider pursuing the eviction process parallel to the ongoing property dispute. Consult with your lawyer regarding the specific procedures and requirements for evicting tenants in your jurisdiction.

 

NRI representation: As an NRI, you have the right to be informed about the progress of your case and to be involved in the legal proceedings. You can request your lawyer to provide you with regular updates and copies of court documents. If you feel that you are not being adequately represented or if you have concerns about the progress of the case, you may consider engaging a different lawyer or directly contacting the court for information.

 

 

Anik Miu
Advocate, Bangalore
8851 Answers
110 Consultations

4.7 on 5.0

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